I've MOVED . . . Get THE SCOOP!
Hopefully we'll get lenders, software developer, clients, and residential and commercial appraiser to contribute?
Hopefully we'll get lenders, software developer, clients, and residential and commercial appraiser to contribute?
"Most regions are seeing solid job growth and strong economic activity, which are helping to support loan demand," said FDIC Chief Economist Richard A. Brown. "We also see housing market activity slowing in a number of regions, as affordability continues to be a challenge. It appears that housing will probably not be a leading sector for the U.S. economy in the second half of the year."Home sales activity appears to be slowing across many areas of the country, and inventories of unsold homes are increasing. FDIC regional analysts note that affordability continues to be a challenge for homebuyers, particularly in the Middle Atlantic and Western states. Recent data show that rates of home price appreciation have recently decelerated in many states, although prices have declined outright in only a few metropolitan areas. Meanwhile, rising energy costs continue to pressure consumer finances, particularly among lower-income households. The banking industry reported a fifth consecutive year of record earnings in 2005, and this strong financial performance has continued into 2006. However, rising short-term interest rates, a flattened yield curve, and growing dependence on non-core funding sources are pressuring net interest margins, particularly among mortgage lending specialists. FDIC analysts note that margin compression has been offset to some extent by strong loan growth, notably in the construction and development (C&D) segment of the commercial real estate (CRE) portfolio. Concentrations of C&D and CRE loans are rising, particularly among institutions in states in the Mid-Atlantic, Southeast, and West. Loan performance currently remains favorable across all loan categories, including farm-related credits held by agricultural banks. FDIC - 6, 2006 Media Contact:David Barr (202) 898-6992 dbarr@fdic.gov If you enjoyed this post, subscribe and get FREE updates! Appraisal , Real Estate
Further, the appraisal report must contain sufficient disclosure to allow intended users to understand the scope of work performed. Since the 2006 USPAP reporting options remain unchanged, appraisers may continue to label appraisal reports as self-contained, summary, or restricted use.
Compliance with Appraisal Regulations : While an appraiser is responsible for establishing the scope of work under the 2006 USPAP, regulated institutions are responsible for complying with the agencies’ appraisal regulations. Besides conforming to USPAP, the agencies’ appraisal regulations require that appraisals supporting federally related transactions must:
From the appraiser’s perspective, these regulatory appraisal requirements are "supplemental standards" to USPAP. If an appraiser knowingly fails to comply with supplemental standards, the appraiser is in violation of the USPAP Ethics Rule.
When ordering appraisals, a regulated institution should convey to an appraiser that these supplemental standards remain applicable. The agencies also continue to encourage regulated institutions to use an engagement letter in ordering an appraisal to facilitate communications with the appraiser and to document the expectations of each party to the appraisal assignment.
To determine an appraisal’s acceptability, a regulated institution should review the report to assess the adequacy of the appraiser’s scope of work given the intended use of the appraisal. In accepting an appraisal report, the regulated institution must determine that the appraisal report contains sufficient information and analysis to support the credit decision.
Regulated institutions are reminded to consider an appraiser’s competency for a given appraisal assignment. Further, regulated institutions should not allow lower cost or reduced delivery time to compromise the determination of an appropriate scope of work for appraisals supporting federally related transactions.
Attachment: 2006 USPAP and Scope of Work If you enjoyed this post, subscribe and
get FREE updates! Appraisal , Real Estate , Appraiser , USPAP , Regulation , Scope of WorkSounds like a high payoff short-term investment, right? It is. But the FHA found that too many property flips using its insured mortgage program involved outright fraud -- hyped appraisals, shell games where property flippers never actually took legal title to the house before selling it for huge profits, sometimes overnight. Often the end purchaser of the flipped property was not financially qualified, and used fraudulent income, employment and assets information to obtain the FHA loan. Then the buyer quickly defaulted, leaving FHA with insurance losses and a house that was worth nowhere near its appraisal valuation. The flipper, meanwhile, pocketed all the sales proceeds financed with the FHA mortgage. To rein in such practices, FHA proposed -- and last week adopted in final form -- new restrictions. Specifically, FHA will now require that:Flipping involves resales of houses or other real estate shortly after acquisition, typically at a substantial price markup. Say you buy a rundown rowhouse at a bargain price, do cosmetic fixups, and then sell it a month later for twice what you paid for it.
The FHA 90-day no-flip time restrictions will be waived when the sellers of properties to be financed are:
Real estate investors, particularly those who specialize in rehabilitations of rundown structures in central city areas, had complained to HUD about possible negative impacts on their business activities stemming from the new rules. But HUD decided that banning most 90-day or under flips, and by scrutinizing flips between 91 and 180 days of acquisition where the price markup exceeded 100 percent, FHA should be able to protect itself against the worst abuses.
Investors with questions about the new regulations can call 1-800-CALL FHA for guidance. The rules are contained in HUD Mortgagee Letter 2006-14, issued June 8.
If you enjoyed this post, subscribe and get FREE updates! Appraisal , Real Estate , Appraiser , USPAP , RESPA , FHA , Regulation , RealtorMuch of this will be incorporated into the actual appraisal report, but much of it may not! A year or two down the road, when asked about my "development process", if I don't keep some of that extraneous data, I may not be able to document all of the steps that I took in my Scope of Work.
So how do I efficiently handle that paper and store it in a Paperless Workfile?
To start, I developed a basic plan that my "one-man" office could work with on a day-to-day basis over the long term.
Here's How I Do It!
I feel that this is a simple protocol and requires a minimum amount of change in my normal "paper-based" workflow developed over the years. Each year I find that my reliance on paper is diminished due to advancing technology. The use of dual-monitors is one the the biggest paper-savers that I've incorporated lately. Electronic data collection devices and software have been improving year after year and with the advent of the UMPC, combined with new sketching applications, we may be rapidly approaching the ultimate paperless solution for appraisers!
If you enjoyed this post, subscribe and get FREE updates! Appraisal , Real Estate , Appraiser , Technology , USPAP
"Many consumers first learn they are victims of identity theft when they are in the process of renting or buying a home, derailing their real estate dreams while they work to rebuild their good name and destroyed credit. Identity thieves may also rent or purchase a home fraudulently. Clearly, identity theft is an important issue impacting both home buyers and real estate professionals across the nation."
Appraiser identity theft usually develops under three main scenarios :
Some steps that appraisers can take to prevent identity theft can be found here The National Association of Realtors is working with the FTC on a new nationwide campaign to educate consumers on how to minimize risk of identity theft and quickly fight back if they become a victim: AvoID Theft: Deter, Detect, Defend . Click here: http://tinyurl.com/eg9qt Deter Identity Theft : Consumers can deter identity thieves by safeguarding their personal information. Read more > Detect Identity Theft: Consumers can detect suspicious activity by routinely monitoring their financial accounts and billing statements. Many consumers learn that their identity has been stolen after the damage has been done. The faster consumers detect the theft, the more they can limit the damage. Read more > Defend Against Identity Theft: Consumers should defend against identity theft as soon as they suspect a problem. It’s important to act quickly to minimize the damage. Read more >
If you enjoyed this post, subscribe and get FREE updates! Appraisal , Real Estate , Appraiser , Technology , Regulation , IllinoisToday's Realty Times article "Appraisals Part of All Fraud Loans" by Lew Sichelman takes the "Universal Truth" statement above a step further and says . . .:
"A faulty or even fake appraisal is said to be at the basis of every fraudulent mortgage transaction. But not every appraiser is at fault, or at least willingly so."The article points out some of the ways an appraiser can "fudge a valuation":
The article also points out that appraisers aren't the only ones who commit such flagrant fouls.
Loan brokers have been known to
Make fraud cost, not pay - A Countrywide spoksman was quoted as suggesting the installation of "an independent hotline so appraisers can report pressure and keeping an internal "Do Not Use" list of suspected bad actors."
For the complete Realty Times article : Published: June 7, 2006 - Click here. If you enjoyed this post, subscribe and get FREE updates! Appraisal , Real Estate , AppraiserEmblematic of the scope of the mortgage fraud problem throughout the country is what's going on in Illinois, where three out of ten appraisals are found to be forged, according to Robert Gorman, an East Hazel Crest, Ill., appraiser. "That's a significant number," he told the meeting. "And that's only the ones we know of. Who knows what we don't know?"
"At the time the property was put to use in the sting operation, the front and back doors didn’t latch properly or lock, a few of the windows were broken, the kitchen was gutted, with missing or broker floor tiles, there were no appliances or fixtures, water and gas pipes were sticking out of the wall, one of the bathrooms did not have an installed sink, there was no electricity or water to the house, much of the wood floors were dated and in poor condition, the carpet was old and stained, the attic did not have internal walls or a ceiling and portions of the exterior siding were falling off. "
Przybylek told the agent that he would create a fraudulent construction invoice for work that was never done and would show the invoice to his appraiser friend. He estimated that the appraised value would be $180,000 to $200,000. Przybylek provided the agent with a partially completed sales contract reflecting a sales price of $257,800. Espe acted as the appraiser and met Przybylek and the agent at the house. Espe said he forgot his camera and would use the photo from the assessor’s office. According to the affidavit, Espe told the agent that his job was to “play with the paperwork,” Two mortgage applications were submitted to First NLC by Quotemearate.com, Houston, TX. The mortgage packages contained a verification of employment signed by Przybylek verifying the borrower’s employment with Professional Home Builders. Other information was also incorrect in the loan package. The package also contained an appraisal by E.R. Espe, Aaron Company, Wilmete Illinois, signed by Erwin R. Espe valuing the property at $257,800.
The appraisal stated “House now has new electrical, plumbing was upgraded, significant amount of dry wall was replaced. Hardwood floors on first and second floors were refinished. Kitchen has new ceramic floor, a new front door to be installed immediately prior to move in or closing, new insulated windows on first and second floors, new carpeting in third floor bdrm and study, new carpeting in the family room.”A few weeks after the appraisal, the agent inspected the house and although a few windows were placed in the front and back of the house and new siding was affixed to a portion of the back of the house, no other work had been done. The affidavit further states that the closing attorney indicated that the lien for the construction work would not be recorded but that a check would be issued from closing for the payment with the remaining proceeds to the seller. OK! How many of the "Universal Truths" do YOU think were involved!? If you enjoyed this post, subscribe and get FREE updates! Appraisal , Real Estate , Appraiser , USPAP , RESPA , FHA , Illinois , Realtor
I attended the Illinois Coalition of Appraisal Professionals (ICAP) sponsored 2006 Illinois Appraisers Update Seminar on 6/1/2006. Representatives from Fannie Mae, HUD, and the IL Appraisal Division of the Dept. of Professional Requlation spoke on a variety of topics including:
Brad Geary, Assistant Special Agent in Charge from HUD - Chicago, OIG - provided some insights from the perspective of a field agent. Mr. Geary, in his self-deprecating fashion, claims that he's only an expert in the "obvious"! He feels that most fraud becomes apparent once a pattern is recognized. To become aware, we have to understand the Universal Truths of Mortgage Fraud listed below:
According to Mr. Geary, virtually all mortgage fraud combines at least two of the items above.
An example of this is the case of Wanda Morgan Tyler, 60, of Duluth, Georgia. She was sentenced June 2006 by U.S. District Judge Thrash on charges of mail fraud, relating to a scheme to defraud the Dept. Veterans’ Affairs (“VA”). Tyler was sentenced to 33 months in prison to be followed by 3 years of supervised release, and found liable for approximately $900,000 in criminal restitution.
The VA lost over $900,000 as a result. This includes over $180,000 that the VA paid to Tyler in commissions from these fraudulent transactions, as well as over $720,000 in foreclosure losses, as almost all of the purchasers or purported purchasers defaulted on their mortgages.
All of us know that the 3/2005 Fannie Mae appraisal forms (Eff. 11/2005) had significant changes in the amount of information that appraisers need to research and verify. Looking that the list above, it's clear to me that many of the items on the new forms are designed to address the list of "Mortgage Fraud Universal Truths" above.
In future blog posts, I'll provide some of the specific issues that effect appraisers. If you enjoyed this post, subscribe and get FREE updates! Appraisal , Real Estate , Appraiser , RESPA , FHA , Illinois